The employee subject to the application of the so-called increasing protections regime, is only entitled to receive the indemnity for formal defects and the indemnity in lieu of notice period, also when the dismissal for just cause has been served without the previous warning letter, as long as the behaviors representing a justified subjective reason are proved in Court. Download Tribunal of Rome, 14th June 2017
As of 23rd June 2017, it is in force the Law no. 96/2017, regulating the occasional work, providing new rules for the s.c. “DURC”, special social benefits, productivity bonuses, fund for disabled employees and special social salary integrations treatments. Download Law 21st June 2017, no. 96, Official Journal no. 144 dated 23rd June 2017 Summary chart
The Law no. 81/2017, providing protections for non-entrepreneurial self-employment and measures aimed to promote flexible working time and place for employees, has been published on 13th June 2017 and is in force as of the day after. Download Law 22nd May 2017, no. 81, Official Journal no. 135 dated 13th June 2017
In case of incentivized termination of the employment, providing the net payment of the related amounts agreed, the higher amount of tax required by the Tax Agency in case of control shall be paid by the employee, not by the employer Download Tribunal of Rome, 13th April 2017, no. 3636 Leggi e scarica l'approfondimento
It is lawful to dismiss for just cause the employee charged for appropriation of goods, through fake indication of returns, also in case, during the disciplinary procedure, the documents related to such behavior were not shown to him because they were not strictly necessary to his defenses. Download Court of Cassation, 27th June 2017, no. 15966
It is lawful to dismiss the employee for company intranet abuse, realized throughout systematic and continuous accesses to websites not related to the working activity, ascertained by the employer through a connection traffic check, not violating the privacy law. Download Court of Cassation, 15th June 2017, no. 14862
The dismissal for economic reasons is lawful also when the employer decides to abolish a job position reassigning part of the duties amongst the employees in force and outsourcing the remaining part of duties previously assigned to the redundant employee, because such a choice is aimed to a cheaper company management. Download Court of Cassation, 15th June 2017, no. 14871
It is valid the provision obliging the employee not to withdraw from the contract before a fixed date, also when the obligation does not expressly provide a compensation, because the fact that it is a reciprocal obligation is deduced by the entire contract provisions. Download Court of Cassation, 9th June 2017, no. 14457
It is lawful to dismiss for just cause the middle manager who forwarded, to the competitor’s clients, the confidential email received by his commercial director, providing clients increase commercial strategies able to damage the competitor’s professional image. Download Court of Cassation, 5th June 2017, no. 13922
On 6th June 2017 Federmeccanica signed, along together Fim-Cisl, Fiom-Cgil and Uilm, the new charts for minimum wage, transfer indemnity and availability indemnity, valid as of 1st June 2017 Download Federmeccanica, FIOM, FIM and UILM deal, 6th June 2017